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Home My WebLink About11/16/2004 INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF NOVEMBER 16, 2004 1.CALL TO ORDER........................................................................................ 6 2.INVOCATION ............................................................................................... 6 3.PLEDGE OF ALLEGIANCE...................................................................... 6 SWEARING IN OF NEW COMMISSIONERS............................................................. 6 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ............................................................................................................ 7 5.PROCLAMATIONS AND PRESENTATIONS ....................................... 7 5.A.PDWT,2004I ROCLAMATION ESIGNATING THE EEK OF HANKSGIVING AS NDIAN RCMD ..............................................................................7 IVER OUNTY AYFLOWER AY 6.APPROVAL OF MINUTES ........................................................................ 7 7.CONSENT AGENDA ................................................................................... 8 NOVEMBER 16, 2004 1 7.A.R ........................................................................................................................8 EPORTS 7.B.AW–N1-4,2004 ......................................................8 PPROVAL OF ARRANTS OVEMBER 7.C.C’CA .............................................................8 OMMISSIONERS OMMITTEE SSIGNMENTS 7.D.CR-510USH1,W–EDR--W AND IGHWAY ABASSO CKERD RUGSTORE IGHTOFAY A(VII,I.) .................................................................................9 CQUISITION ISIONS NC 7.E.EP–PMAM-502.1–MV MPLOYEE OLICIES OLICY ANUAL AXIMUM ACATION A–EM ..........................................................................9 CCRUAL XCEEDING AXIMUMS 7.F.R/PAAW–C-S EPAIRLUGGING OF BANDONED RTESIAN ELLS OSTHARE AS.JRWMD– GREEMENT WITH T OHNS IVER ATER ANAGEMENT ISTRICT EA3Y .............................................................. 10 XTENSION OF GREEMENT FOR EARS 7.G.RKLAACPA–FC ODNEY ROEGEL ARCEL CQUISITION LORIDA OMMUNITIES T(FCT)CDCA RUST LOSING OCUMENTS AND ONTRACT DDENDA FOR C-SR(U.S.FWS–T OSTHARE EIMBURSEMENT ISH AND ILDLIFE ERVICE HE CF(TCF)) ................................................................................. 10 ONSERVATION UND 7.H.ORCA(ORCA)SL(A) SLO IVERFRONT ONSERVATION REA OUTH INK RENDAS ELAP–ADDENDATOF NVIRONMENTAL AND CQUISITION ROJECT LORIDA CT(FCT)C-SRG ................... 11 OMMUNITIES RUST OSTHARE EIMBURSEMENT RANT 7.I.PHLFS–WH-D ROJECT OPE ANDFILL EE UBSIDY ABASSO OMES EMOLITION AND RP(L/DF) .............................................. 11 EBUILDING ROJECT ANDFILLISPOSAL EES 8.JEFFREY K. BARTON, CLERK OF COURT – INTRODUCTION OF NEW INDIAN RIVER COUNTY FINANCE DIRECTOR, DIANE BERNARDO .................................................................................. 12 9.A.1.PUBLIC HEARING – ORDINANCE 2004-036 – REZONE APPROXIMATELY 14.17 ACRES FROM CL TO OCR – ND ORCHID LANDING LLC – EAST OF US 1 AND NORTH OF 82 STREET (REZON 2004080361-43098) (QUASI-JUDICIAL)............... 12 NOVEMBER 16, 2004 2 9.A.2.PUBLIC HEARING – ORDINANCE 2004-037 – REZONE APPROXIMATELY ± 11.2 ACRES FROM A-1 TO RM-6 – BRADSHAW HOLDINGS, INC./SKYMARK REAL ESTATE TH INVESTORS, INC. – WEST OF 74 AVENUE, APPROXIMATELY 600 FEET SOUTH OF SR-60 - (RZON 2004060211-41406) (QUASI-JUDICIAL) ................................................. 13 9.A.3.PUBLIC HEARING – ORDINANCE 2004-038 – REZONE APPROXIMATELY 107.13 ACRES FROM A-1 TO RS-3 – INDIAN RIVER CORPORATION (RZON 91110035-40147) (QUASI-JUDICIAL) ................................................................................... 15 9.A.4.PUBLIC HEARING – ORDINANCE 2004-039 – VERO HOLDINGS, INC. - REZONE 17.58 ACRES FROM A-1 TO RM-8 (RZON 2004070073-42019) (QUASI-JUDICIAL) .................................. 20 9.B.1.PUBLIC DISCUSSION ITEM – STEVE MYERS TEAMSTERS LOCAL UNION NO. 769 – REGARDING DUAL CERTIFICATION FOR PARAMEDICS AND FIREFIGHTERS ...... 23 9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON DECEMBER 7, 2004 ....................................................... 23 A.SP–RPDS EBASTIAN ARK EQUEST FOR LANNED EVELOPMENT PECIAL EUCPDPA–O,S XCEPTION SE AND ONCEPTUAL LAN PPROVAL WNER EBASTIAN GH,L.–A,KMGA,I.– ROVES OLDING TD GENT NIGHT CUIRE AND SSOCIATES NC LNS85S/CR-510,EL TH OCATED ON THE ORTH IDE OF TREET AST OF IBERTY MS,NC85S/CR-510 TH AGNET CHOOL AT THE ORTHEAST ORNER OF TREET AND 86A–ZCRS-3A-1–PD: TH VENUE ONING LASSIFICATION AND ROPOSED ENSITY 2.51UPA .............................................................................................. 23 NITS ER CRE NOVEMBER 16, 2004 3 B.PLDR(LDR)A: ROPOSED AND EVELOPMENT EGULATION MENDMENT CACLD ONSIDERATION OF MENDMENTS TO OUNTY AND EVELOPMENT RRTPS-FH EGULATIONS ELATING TO REE ROTECTION AND INGLEAMILY OME LR(L) .......................................................... 23 ANDSCAPE EQUIREMENTS EGISLATIVE C.PLLC:RSSCP ASKOR EQUEST FOR MALL CALE OMPREHENSIVE LAN AND FLUMARA3.71 UTURE AND SE AP MENDMENT TO EDESIGNATE PPROXIMATELY ALWSR-A1AA500FS CRES OCATED EST OF AND PPROXIMATELY EET OUTH OF SDL-1L-2–PLLC,O–K-H EAVIEW RIVE FROM TO ASKOR WNER IMLEYORN A,I.,A(L) ....................................................... 24 AND SSOCIATES NC GENT EGISLATIVE 9.C.2.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON DECEMBER 14, 2004 ..................................................... 24 A.HO.P,I.EF.N:RR± ENRY ARMAN NC AND VELYN EVILLE EQUEST TO EZONE 37.94ALN8SWI95 TH CRES OCATED ORTH OF TREET AND EST OF NTERSTATE FA-1RM-6–HO.P,I.EF.N, ROM TO ENRY ARMAN NC AND VELYN EVILLE O–WCG/NS,A(Q-J) .............................. 24 WNERS EEL CHAFFER GENT UASIUDICIAL B.VELLC:RRA3.18A ERO NTERPRISE EQUEST TO EZONE PPROXIMATELY CRES L17SSWA1,450FE43 THRD OCATED ON TREET AND PPROXIMATELY EET AST OF ARS-3CN–L“SCI” VENUE FROM TO OCATED IN THE OUTH OUNTY NITIATIVE A–VE,LLC,O–SD,I., REA ERO NTERPRISES WNER UNLAND EVELOPMENT NC A(Q-J) ....................................................................................... 24 GENT UASIUDICIAL 11.I.1.PELICAN ISLAND WILDLIFE REFUGE TIDAL MARSH – PROJECT NO. 0424 – CONSULTANT SELECTION (COASTAL TECHNOLOGY CORP.) ........................................................................... 25 11.J.1.BID #7011 – STAINLESS STEEL SIMPLEX CONTROL PANELS – (ROCKRIDGE SUBDIVISION) UTILITIES DEPARTMENT/WASTEWATER TREATMENT DIVISION – REJECT ALL BIDS.................................................................................... 25 NOVEMBER 16, 2004 4 11.J.2.GRAND HARBOR REVERSE OSMOSIS CONCENTRATE IMPOUNDMENT AREA – WORK ORDER NO. 1 – ECOTECH CONSULTANTS, INC. .............................................................................. 26 13.ACHAIRMAN ARTHUR R. NEUBERGER - NONE .............................. 26 13.B.COMMISSIONER SANDRA L. BOWDEN - NONE ............................ 26 13.C.COMMISSIONER WESLEY S. DAVIS - NONE .................................. 26 13.D.COMMISSIONER THOMAS S. LOWTHER ........................................ 26 1.DCF ............................................................... 26 UAL ERTIFICATION FOR IREFIGHTERS 13.E.COMMISSIONER GARY C. WHEELER .............................................. 29 1.43ARWP .................................................................. 29 RD VENUE OAD IDENING ROJECT 2.CF/ALS-W .......................................................... 30 ONSOLIDATION OF IRE ITHDRAWN 3.IGM ................................................................................... 30 NTERIM ROWTH EASURES 4.LDRAEPB ............................................. 34 MENDMENT LIMINATE ERFORMANCE OND 5.OPS.............................................................................. 34 RDINANCE ON OLITICAL IGNS 6.EPLUTR ......................................... 35 STABLISH A RIORITY IST FOR SE OF AX EVENUE 7.LDRP80’BH ............................................................ 36 ERTAINING TO UILDING EIGHT 14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 36 14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 36 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 36 NOVEMBER 16, 2004 5 November 16, 2004 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in th Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, November 16, 2004, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Commissioner Thomas S. Lowther, and newly elected Commissioners Sandra L. Bowden, Commissioner Wesley S. Davis and Gary C. Wheeler. Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia “PJ” Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Neuberger called the meeting to order. 2. INVOCATION Public Works Director Jim Davis delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman Neuberger led the Pledge of Allegiance to the Flag. SWEARING IN OF NEW COMMISSIONERS County Judge Joe Wild administered the Oath of Office to newly elected Judge Wild Commissioners Sandra L. Bowden, Wesley S. Davis and Gary C. Wheeler. read a brief excerpt from Prophet Micah, Chapter 6, asking the Commissioners to provide justice within NOVEMBER 16, 2004 6 the bounds of the Constitution and the laws of the Nation, to pledge to always act righteously, to faithfully go about their duties and to earn the respect of the community by service to the community as Commissioner. Chairman Neuberger thanked Judge Wild for a job well done and expressed appreciation for his attendance. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS None. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PDWT,2004 ROCLAMATION ESIGNATING THE EEK OF HANKSGIVING IRCMD AS NDIAN IVER OUNTY AYFLOWER AY The Chairman presented the Proclamation to Daniel Dragonetti, Director of Mayflower Day. Daniel Dragonets stated that he bears the name of his grandfather who was Governor of Plymouth Colony. He accepted the Proclamation in his grandfather’s name and on behalf of all the folks who had the courage to make the crossing. 6. APPROVAL OF MINUTES None. NOVEMBER 16, 2004 7 7. CONSENT AGENDA 7.A. R EPORTS The following report has been received and is on file in the office of the Clerk to the Board: 1. Vero Lakes Water Control District Notice of Registered Agent: Chester Clem, th 3333 20 Street, Vero Beach, FL 32960 7.B. AW–N1-4,2004 PPROVAL OF ARRANTS OVEMBER ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for November 1-4, 2004, as requested in the memorandum of November 4, 2004. 7.C. C’CA OMMISSIONERS OMMITTEE SSIGNMENTS ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously approved the committee assignments for each Commissioner, effective November 16, 2004, as NOVEMBER 16, 2004 8 recommended in the memorandum of November 16, 2004. 7.D. CR-510USH1,W–ED AND IGHWAY ABASSO CKERD RUGSTORE R--WA(VII,I.) IGHTOFAY CQUISITION ISIONS NC ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously approved the $15,956.71 purchase from Visions II, Inc., as recommended in the memorandum of November 4, 2004. AGREEMENTISONFILEINTHEOFFICE OFTHECLERKTOTHEBOARD 7.E. EP–PMAM-502.1–M MPLOYEE OLICIES OLICY ANUAL AXIMUM VA–EM ACATION CCRUAL XCEEDING AXIMUMS ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously approved the change to Administrative Policy Manual Section AM-502.1 from a 65-day calendar year carry-over to a 70-day calendar year carry-over, and allowed a one-time only payment at the end of 2004 to eligible employees for unused vacation over 70 days, not to exceed payment for 10 vacation NOVEMBER 16, 2004 9 days accrued over the 70-day limit, as recommended in the memorandum of November 8, 2004. 7.F. R/PAAW– EPAIRLUGGING OF BANDONED RTESIAN ELLS C-SAS.JRWM OSTHARE GREEMENT WITH T OHNS IVER ATER ANAGEMENT D–EA3Y ISTRICT XTENSION OF GREEMENT FOR EARS ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously approved the Agreement with the St. Johns River Water Management District for controlling abandoned artesian wells and authorized the Chairman to execute same, as recommended in the memorandum of November 8, 2004. 7.G. RKLAACPA–F ODNEY ROEGEL ARCEL CQUISITION LORIDA CT(FCT)CDC OMMUNITIES RUST LOSING OCUMENTS AND ONTRACT AC-SR(U.S.FW DDENDA FOR OSTHARE EIMBURSEMENT ISH AND ILDLIFE S–TCF(TCF)) ERVICE HE ONSERVATION UND ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Chairman to execute the Grant Award Calculation, Grant Award Agreement and contract Addenda (Addendum II & III) regarding the FCT cost-share grant for the Rodney Kroegel parcel, as NOVEMBER 16, 2004 10 recommended in the memorandum of November 8, 2004. 7.H. ORCA(ORCA)SL SLO IVERFRONT ONSERVATION REA OUTH INK (A)ELAP–ADDENDATO RENDAS NVIRONMENTAL AND CQUISITION ROJECT FCT(FCT)C-SR LORIDA OMMUNITIES RUST OSTHARE EIMBURSEMENT G RANT ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously approved the Addenda (Addendum I, II and III) to the Grant Contract for the ORCA South Link project and authorized the Chairman to execute the documents, as recommended in the memorandum of November 8, 2004. PECAI,IIIIIG ARTIALLY XECUTED OPY OF DDENDUM AND OF THE RANT CFOCB ONTRACT IS ON ILE IN THE FFICE OF THE LERK TO THE OARD 7.I. PHLFS–WH- ROJECT OPE ANDFILL EE UBSIDY ABASSO OMES DRP(L/DF) EMOLITION AND EBUILDING ROJECT ANDFILLISPOSAL EES ON MOTION by Commissioner Lowther, SECONDED by Commissioner Wheeler, the Board unanimously approved a one-time payment of the NOVEMBER 16, 2004 11 landfill/disposal fees, as recommended in the memorandum of November 10, 2004. 8. JEFFREY K. BARTON, CLERK OF COURT – INTRODUCTION OF NEW INDIAN RIVER COUNTY FINANCE DIRECTOR, DIANE BERNARDO Clerk of Court Jeffrey Barton introduced the new Finance Director, Diane Bernardo, CPA. Diane Bernardo stated that she worked in St. Lucie County as the Accounting Manager and noted that she also has worked with Commissioners Bowden and Davis at the School . Board. She looks forward to working in the county where she lives 9.A.1. PUBLIC HEARING – ORDINANCE 2004-036 – REZONE APPROXIMATELY 14.17 ACRES FROM CL TO OCR – ORCHID ND LANDING LLC – EAST OF US 1 AND NORTH OF 82 STREET (REZON 2004080361-43098) (Quasi-Judicial) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation to review his memorandum (copy with the backup). Staff and the Planning and Zoning Commission recommend the Board adopt this Ordinance to rezone approximately 14.17 acres from CL, Limited Commercial to OCR, Office, Commercial, and Residential District. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. NOVEMBER 16, 2004 12 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously adopted Ordinance 2004-036 amending the Zoning Ordinance and the accompanying Zoning Map for ± 14.17 acres located at the northeast nd intersection of US#1 and 82 Street from CL, Limited Commercial District, to OCR, Office, Commercial, Residential District (Orchid Landing, LLC). 9.A.2. PUBLIC HEARING – ORDINANCE 2004-037 – REZONE APPROXIMATELY ± 11.2 ACRES FROM A-1 TO RM-6 – BRADSHAW HOLDINGS, INC./SKYMARK REAL ESTATE TH INVESTORS, INC. – WEST OF 74 AVENUE, APPROXIMATELY 600 FEET SOUTH OF SR-60 - (RZON 2004060211-41406) (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation to review his memorandum (copy with the backup). Both Staff and the Planning and Zoning Commission recommended the Board approve the rezoning to RM-6. The Chairman opened the public hearing and asked if anyone wished to be heard with regard to this matter. NOVEMBER 16, 2004 13 Joseph Schulke, the Engineering Consultant representing Skymark Real Estate Investors, gave the reasons they felt the rezoning to be consistent with the Comp Plan and explained that this area will be more compatible with the surrounding zoning as an RM-6. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board, by a 4-1 vote (Commissioner Wheeler opposed) adopted Ordinance 2004-037 amending the Zoning Ordinance and the accompanying Zoning Map for ± 11.2 acres th located west of 74 Avenue and approximately 600 feet south of SR-60 from A-1, Agricultural District (up to 1 unit/5 acres) to RM-6, Multiple-Family Residential District (up to 6 units/acre) (Bradshaw Holdings, Inc./Skymark Real Estate Investors, Inc.). Commissioner Wheeler said he had a problem with the fact that the Board continues to rezone property and to expand the densities in the community when we have spent $500,000 to do a visioning process. The LDRs are to be addressed and he felt there is a legitimate public point of view to deny rezoning requests until the task force report is implemented. In response to Commissioner Bowden’s inquiry, Attorney Collins explained the standard application has to show that the request for rezoning is consistent with the Comp Plan and that they complied with all the procedural requirements. Once they pass that burden, then the burden shifts to the County to show that it serves a legitimate public purpose. Mr. Wheeler NOVEMBER 16, 2004 14 believes it serves a public purpose to deny the zoning and allow the visioning process to go forward. Commissioner Bowden wanted the procedure stated for the record and she asked to change her vote to oppose adopting the Ordinance. MOTION WAS MADE by Commissioner Davis to reconsider the recommendation. The Chairman announced that the MOTION FAILED FOR LACK OF A SECOND. 9.A.3. PUBLIC HEARING – ORDINANCE 2004-038 – REZONE APPROXIMATELY 107.13 ACRES FROM A-1 TO RS-3 – INDIAN RIVER CORPORATION (RZON 91110035-40147) (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation (copy on file) to review the rezoning of approximately 107.13 acres from A-1 to RS-3. Staff and the Planning and Zoning Commissioner recommend the Board approve this request. There were several questions posed to staff and Director Keating responded that the yield per acre would be much lower than the density allows. He told them the applicant has not filed for a pre application on the subdivision. NOVEMBER 16, 2004 15 In response to Commissioner Lowther’s inquiry Traffic Engineer Chris Mora th responded that the traffic signal at 49 Street and Kings Highway would be moved forward with this rezoning. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Bruce Barkett, Attorney, representing the applicant and property owner Martin Taber, said Mr. Taber agreed to cooperate with the warrant for signals. He posed several questions to staff demonstrating that this rezoning request meets the criteria of our Comp Plan and the LDRs. th Frank Zorc , 1695 20 Avenue, said he fully supported Commissioner Wheeler on his comments on growth. He felt any request to rezone 107 acres was a major request and it needs to be looked at more seriously. John Williams, 1535 Smugglers Cove, supported Commissioner Wheeler in recognizing that the Comp Plan needs to be amended before we continue approving rezoning requests. He believes it is absurd to continue to allow us to be impaled by the land use plan. The Board has expressed that they do not want to change the Urban Service Area line, yet they continually approve rezoning that is abutting it. History has proven that the line cannot stand when this is already happening. He felt we are forcing our development director to say that concurrency is met, but we are denying citizens and ourselves by following that dictum. It is often that political decisions come along at a later time that makes the land use plan concurrency issue not applicable. rd He used the 43 Avenue issue to demonstrate this theory. “You have to give us room to consider future political decisions,” he said, and he begged the Board to re-address the Comp Plan. NOVEMBER 16, 2004 16 John Higgs, 45 Wax Myrtle Way, reminded everyone that the newly elected Commissioners were elected overwhelmingly. They all ran on the platform to do something about rampant growth. The people have spoken on how they feel and it seemed to him that rezoning is a closed issue. He felt Commissioner Wheeler’s ideas were excellent and he urged the Board to take time to look at the overall situation and not go forward by approving this rezoning. George Christopher, 945 Painted Bunting Lane, President of Indian River Neighborhood Association, urged the Board to delay action on this project. He congratulated the newly elected Commissioners on the positions they took during their campaign. He felt the Board rd needed the answer as to how concurrency will be met if 43 Avenue remains 2 lanes; where will the traffic be directed and how will it impact the other streets. He urged the Board to delay any action until they had the answers to these questions and the visioning process is completed. Joseph Paladin , President of Atlantic Coast Construction, 730 East Commerce Park in Sebastian, was in favor of controlling any growth even though he is a developer. The best way to do that, in his opinion, is to consistently vote on good projects within the urban service area. He felt a low-density project as this is good to go against the urban service line and he was in favor of approval. We are scaring everybody into believing that they are not going to get the zoning when it comes time and we are creating a lot of the urgency. He asked that we not create a need that we don’t really have. Ken Kennedy, 1631 West Camino Del Rio, said the Comp Plan was developed many years ago and we have lived by that plan. He does not feel the urban service line should be moved. As a landowner he felt that he should be allowed to develop his property within the Comp Plan land use we have. There are many safeguards in place in this county to allow good growth to continue. He felt a knee-jerk reaction to start denying rezoning that fits the Comp Plan is totally irrational. NOVEMBER 16, 2004 17 Keith Pelan, Kimley-Horn and Associates, Inc., clarified the project as it rdrd relates to 43 Avenue. He said there are certain projects affected by whether 43 Avenue is made wider and this project is not one of them. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowden, to deny staff’s recommendations. Under discussion, Commissioner Lowther spoke against the motion. This project asks for R-3, is inside the urban service boundary and fits into the neighborhood. We should avoid taking a knee jerk reaction to deny it. He agreed that in the future we should maintain a tougher stance on growth. Commissioner Wheeler supported the motion saying this was not a knee jerk reaction. The two different sides of this argument have valid points. Our Comp Plan is a good plan, but it periodically needs to be revisited. He thought in the last year there have been things that have prolonged getting into the LDRs and addressing this problem up front. The Board developed the Task Force with every entity in the community represented. A lot of interesting information on the LDRS has not been addressed. Secondly, the County is spending $500,000 to do a visioning process and traffic studies, etc. He believes that we need to take another look at our rd Comp Plan, the visioning process, and 43 Avenue. There is a legitimate public interest in denying this rezoning until these things are completed in the next few months NOVEMBER 16, 2004 18 While Commissioner Davis agreed with most of what Commissioner Wheeler said, he wanted to address those issues under that agenda item later in the meeting. He was opposed to Commissioner Wheeler’s motion. Chairman Neuberger opposed the motion. He favored slowing everything down but we have to do it according to the law. Commissioner Bowden said she believed they do need to slow down until they are more familiar with the outcome of the visioning process. THE CHAIRMAN CALLED THE QUESTION and the Motion failed by a 2-3 vote (Commissioners Lowther, Davis and Chairman Neuberger opposed) to deny staff’s recommendation. ON MOTION by Commissioner Davis, SECONDED by Commissioner Lowther, the Board, by a 3-2 vote (Commissioners Wheeler and Bowden opposed) adopted Ordinance 2004-038 amending the Zoning Ordinance and the accompanying Zoning Map for ± thth 107.13 acres located west of 58 Avenue between 49 rd Street and 53 Street from A-1, Agricultural District (up to 1 unit/5 acres) to RS-3, Single-Family Residential District (up to 3 units/acre) (Indian River Corporation). NOVEMBER 16, 2004 19 9.A.4. PUBLIC HEARING – ORDINANCE 2004-039 – VERO HOLDINGS, INC. - REZONE 17.58 ACRES FROM A-1 TO RM-8 (RZON 2004070073-42019) (QUASI-JUDICIAL) PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHEOFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating said this was a request to change the zoning from A-1 to RM-8. He used a PowerPoint presentation (copy on file) to review his memorandum of November 3, 2004. Staff and the Planning and Zoning (P&Z) Commission recommended that the Board approve this rezoning by a 4-3 vote. Discussion continued whereby Director Keating pointed out other examples in the County of 8-units per acre, such as The Club of Vero, The Estuary, Walker Woods, and Indian River Estates. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. Attorney Bruce Barkett, representing the applicant, lead Director Keating through questions on this Ordinance to establish that this application is consistent with the Comp Plan and the LDRs. Attorney Michael O’Haire, 3111 Cardinal Drive, representing the property owner, said, “These people, who in good faith have gone through the process of rezoning relying on our Comp Plan, are entitled to some protection. There is a process for changing rules and this property is entitled to consideration.” He urged the Board to grant this request. NOVEMBER 16, 2004 20 Bill Glynn, 1802 Barefoot Place, President of the Barrier Island Coalition, said they have opposed heavy density for the past six years. They are not against growth, they are against too much density and this is too much density for this particular area. They believe density is the one thing that will hurt this county. He asked the Board to consider delaying this to another time to take a look at the vote from the P&Z that was 4 in favor and 3 opposed. He hoped the Board would take a position not to allow 8 units per acre. thth Robert Johnson, 535 39 Court SW, inquired to the status of 66 Avenue improvements and he wanted to know the impact of having an RM-8 development accessing on to rd 43 Avenue. th Director Keating answered that the construction of 66 Avenue to two lanes is th in the right-of-way acquisition and design phase. The four-laning of 66 Avenue north to the CR510 is in the long range Transportation Element of the Comp Plan. The first phase of that project is scheduled to begin next year. The Chairman asked if anyone else wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Lowther, to approve staff’s recommendation. Commissioner Davis wanted to amend the motion to rezone the property at RM-6 rather than RM-8. The Chairman noted that the motion to approve staff’s recommendation is still under discussion and he CALLED THE QUESTION. NOVEMBER 16, 2004 21 Commissioner Davis questioned the rules of procedure, and County Attorney Collins advised that the Chairman decides all questions of order. MOTION CARRIED. (The Board, by a 3-2 vote \[Commissioners Wheeler and Bowden opposed\] adopted Ordinance 2004-039 amending the Zoning Ordinance and the accompanying Zoning Map for approximately 17.58 acres located at the southwest th corner of SR-60 and 66 Avenue from A-1, Agricultural District (up to 1 unit/5 acres) to RM-8, Multiple-Family Residential District \[up to 8 units/acre\] \[Vero Holdings, Inc.\]). MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Bowden, to reconsider the density. After discussion, the Chairman CALLED THE QUESTION and the Motion FAILED by a 2-3 vote (Commissioners Lowther, Wheeler and Chairman Neuberger opposed). MOTION WAS MADE by Commissioner Davis to change the density to from RM-8 to RM-6. THE MOTION DIED for lack of a second. NOVEMBER 16, 2004 22 The Chairman called a recess at 10:30 a.m. and the Board reconvened at 10:45 a.m. with the same members present. 9.B.1. PUBLIC DISCUSSION ITEM – STEVE MYERS TEAMSTERS LOCAL UNION NO. 769 – REGARDING DUAL CERTIFICATION FOR PARAMEDICS AND FIREFIGHTERS This item was moved to Item 13.D. 9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON DECEMBER 7, 2004 A.SP–RPDS EBASTIAN ARK EQUEST FOR LANNED EVELOPMENT PECIAL EUCPDPA–O, XCEPTION SE AND ONCEPTUAL LAN PPROVAL WNER SGH,L.–A,KMG EBASTIAN ROVES OLDING TD GENT NIGHT CUIRE AND A,I.–LNS85 TH SSOCIATES NC OCATED ON THE ORTH IDE OF S/CR-510,ELMS, TREET AST OF IBERTY AGNET CHOOL AT THE NC85S/CR-51086A– THTH ORTHEAST ORNER OF TREET AND VENUE ZCRS-3A-1–PD:2.51 ONING LASSIFICATION AND ROPOSED ENSITY UPA NITS ER CRE B.PLDR(LDR)A: ROPOSED AND EVELOPMENT EGULATION MENDMENT CACLD ONSIDERATION OF MENDMENTS TO OUNTY AND EVELOPMENT NOVEMBER 16, 2004 23 RRTPS-F EGULATIONS ELATING TO REE ROTECTION AND INGLEAMILY HLR(L) OME ANDSCAPE EQUIREMENTS EGISLATIVE C.PLLC:RSSCP ASKOR EQUEST FOR MALL CALE OMPREHENSIVE LAN AND FLUMAR UTURE AND SE AP MENDMENT TO EDESIGNATE A3.71ALWSR-A1A PPROXIMATELY CRES OCATED EST OF AND A500FSSDL-1L-2 PPROXIMATELY EET OUTH OF EAVIEW RIVE FROM TO –PLLC,O–K-HA,I.,A ASKOR WNER IMLEYORN AND SSOCIATES NC GENT (L) EGISLATIVE 9.C.2. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON DECEMBER 14, 2004 A.HO.P,I.EF.N:RR ENRY ARMAN NC AND VELYN EVILLE EQUEST TO EZONE ±37.94ALN8SW TH CRES OCATED ORTH OF TREET AND EST OF I95FA-1RM-6–HO.P,I. NTERSTATE ROM TO ENRY ARMAN NC AND EF.N,O–WCG/NS,A VELYN EVILLE WNERS EEL CHAFFER GENT (Q-J) UASIUDICIAL B.VELLC:RRA3.18 ERO NTERPRISE EQUEST TO EZONE PPROXIMATELY AL17SSWA1,450F TH CRES OCATED ON TREET AND PPROXIMATELY EET E43ARS-3CN–L“S RD AST OF VENUE FROM TO OCATED IN THE OUTH CI”A–VE,LLC,O– OUNTY NITIATIVE REA ERO NTERPRISES WNER SD,I.,A(Q-J) UNLAND EVELOPMENT NC GENT UASIUDICIAL NOVEMBER 16, 2004 24 The Chairman read the notices into the record. 11.I.1. PELICAN ISLAND WILDLIFE REFUGE TIDAL MARSH – PROJECT NO. 0424 – CONSULTANT SELECTION (COASTAL TECHNOLOGY CORP.) ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously approved contract negotiations with the first-ranked firm, as recommended by staff. 11.J.1. BID #7011 – STAINLESS STEEL SIMPLEX CONTROL PANELS – (ROCKRIDGE SUBDIVISION) UTILITIES DEPARTMENT/WASTEWATER TREATMENT DIVISION – REJECT ALL BIDS ON MOTION by Commissioner Lowther, SECONDED by Commissioner Davis, the Board unanimously rejected all bids until a Mitigation Plan has been completed and approved, as recommended in the memorandum dated November 2, 2004. NOVEMBER 16, 2004 25 11.J.2. GRAND HARBOR REVERSE OSMOSIS CONCENTRATE IMPOUNDMENT AREA – WORK ORDER NO. 1 – ECOTECH CONSULTANTS, INC. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 1 with Ecotech Consultants, Inc. in the amount of $88,020 and authorized the Chairman to execute same, as recommended in the memorandum of November 5, 2004. WORKORDERNO.1ISONFILEINTHE OFFICEOFTHECLERKTOTHEBOARD 13.A CHAIRMAN ARTHUR R. NEUBERGER - NONE 13.B. COMMISSIONER SANDRA L. BOWDEN - NONE 13.C. COMMISSIONER WESLEY S. DAVIS - NONE 13.D. COMMISSIONER THOMAS S. LOWTHER 1. DCF UAL ERTIFICATION FOR IREFIGHTERS Commissioner Lowther said he would like Mr. Myers to speak and give us his views. NOVEMBER 16, 2004 26 Steve Myers said the purpose for his being here was to represent the EMS Battalion Chiefs and Paramedics and to enlighten the Board on their position. They have the best third party system right now and he sees no reason to change it. He commented that Commissioner Lowther’s judgment might be clouded because he has a couple of brothers who are firefighters. Commissioner Lowther asked Attorney Collins to clarify this issue for the record. County Attorney Collins stated that the Commission on Ethics looked into this and concluded that: where there is no special benefit going to a relative by virtue of a vote then there is no ethical violation. In this matter we are looking at two people out of 149 people involved and all parties are similarly affected. Chairman Neuberger asked Mr. Myers to continue. Mr. Myers felt this issue should be discussed at a collective bargaining meeting and not at a Commission meeting. Chairman Neuberger disagreed. He was going to look into the possibility of dual certification by firefighters today. He felt the Board does have the right to determine the certifications of their Advance Life Support (ALS) personnel. Commissioner Lowther referred to a letter received from Commissioner Caroline Ginn (copy on file with the backup) regarding dual certification practices in other cities across the United States. He read an excerpt regarding a life-threatening situation in the City of San Diego where they have a paramedic/firefighter at each station. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Wheeler, to direct staff to investigate consolidating the Fire and Emergency Services Departments with the goal of achieving a better level of service and report back to the Board at the first meeting in December, 2004. NOVEMBER 16, 2004 27 Discussion continued and Administrator Baird said he received a letter from Jeffrey E. Mandel, the County’s Labor Attorney (copy on file with the backup for today’s meeting) which defined the process of establishing a consolidated plan. Mr. Baird thought it would take until March 2005 to accomplish this and he asked to come back in January with a calendar setting target dates. MOTION WAS AMENDED by Commissioner Lowther, SECONDED by Commissioner Wheeler, to give staff until the first meeting in the year 2005 to report back to the Board. (Clerk’s Note: The Chairman said this was not a public hearing but, on Mr. William’s insistence of importunacy, he was allowed to speak. He informed everyone else there would be a workshop to give them an opportunity to be heard.) John Williams , 1535 Smugglers Cove, thought this is a political power issue and the Board should keep it dissolved for a few more years by keeping two unions. The Chairman felt Mr. Williams was being naive. THE CHAIRMAN CALLED THE QUESTION and the Motion passed unanimously. (The Board directed staff to investigate consolidating the Fire and Emergency Services Divisions with the goal of achieving a better level of service, set calendar target dates and to report back to the Board at the first meeting in January 2005. NOVEMBER 16, 2004 28 13.E. COMMISSIONER GARY C. WHEELER 1. 43ARWP RD VENUE OAD IDENING ROJECT MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Lowther for discussion, rd to direct staff to redesign the 43 Avenue improvements to 3 lanes, including sidewalks, bike rd paths, and landscaping, with the proviso that 43 th Avenue be widened to 5 lanes from 16 Street to SR-60, working out any problems with the businesses in that area. thth Commissioner Lowther asked Commissioner Wheeler to include 20 and 27 Avenues in his motion, however Commissioner Wheeler wanted to keep his direction simple. There was some discussion whereby Commissioner Wheeler expressed his rd interest in seeing a redesign of 43 Avenue. He was not in favor of 5-laning any road in the county, but in the interest of protecting the public, he wanted a preliminary redesign and with that they can address the other streets. Public Works Director Jim Davis said 27th Avenue is on the 20-year Capitol Improvements Element scheduled for the year 2011. th Tim Zorc, 4415 5 Place SW, questioned Attorney Collins and Mr. Keating rd on how the 43 Avenue project can be removed from the plan since it is currently funded. He thought they were putting the cart before the horse asking for a redesign before they change the Comp Plan. NOVEMBER 16, 2004 29 Attorney Collins responded that Comp Plan Amendment would be required to modify the Capital Improvements Element from 5-lane to 3-lane, and modify the level of service rd (LOS) standards from 43 Avenue to a lower LOS. Administrator Baird restated the direction to staff to move in the direction of rd changing the LDRs and look at changing 43 Avenue to “F.” THE CHAIRMAN CALLED THE QUESTION and the Motion carried unanimously. (The Board directed staff; rd 1) to redesign the 43 Avenue improvements to 3- lanes, including sidewalks, bike paths, and landscaping, rd with the proviso that 43 Avenue be widened to 5 lanes th from 16 Street to SR-60, and 2) work out any problems with the businesses in that area.) 2. CF/ALS-W ONSOLIDATION OF IRE ITHDRAWN Withdrawn. 3. IGM NTERIM ROWTH EASURES MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Lowther, to impose a temporary moratorium on rezoning residential plat plans and site plans that have not been through the Planned Development (PD) process until March 1, 2005, to give the Board an opportunity to come up with a plan through the Visioning process to start addressing the Land Development Regulations (LDRs) with NOVEMBER 16, 2004 30 attention to the recommendations suggested by the Task Force; that no applications for new or residential preliminary plats or site plans that have not already received the PD status will be accepted. County Attorney Collins noted that the motion will not be self-executing but must be adopted through an ordinance after advertisement and public hearings are held. He understood that he was to accept that motion as a direction to prepare such an ordinance. The Chairman opened the floor for public discussion even though it was not an advertised public hearing. Peter Robinson, 315 Greytwig Road, spoke in opposition to a moratorium and questioned what projects this motion would affect. A three-month moratorium means a lot of money if you are a developer carrying a loan and the money is coming out of your pocket. County Attorney Collins explained that an Ordinance would have to be drafted; a public hearing would be held; and then be filed with the State before a moratorium would become effective. Any project not heard by the time of the hearing would be subject to this moratorium. Discussion continued whereby the question of how projects coming before the Board would be affected and Director Keating explained that the only type of project that would not be affected would be any that already had the conceptual PD plan approved by the Board. The Chairman CALLED THE QUESTION but the Commissioners were not ready to vote. Discussion continued. NOVEMBER 16, 2004 31 JosephPaladin, 730 E. Commerce Park, Atlantic Coast Construction & Development, suggested the Board establish time restraints on applicants from the time they obtain a rezoning to the time they go for permitting, all building rights would be relinquished if they surpass deadlines, and have a two year waiting period to come back. Discussion ensued whereby Chairman Neuberger felt that this might be the wrong time for a moratorium because the hurricanes, however, Commissioner Wheeler wanted to move forward. Jerry Swanson , 1048 E Polo Grounds Drive, was opposed to a moratorium and felt the LDRs just need to be changed. He wondered if the developers would get together. He considers a slow down that would be good for the County. Commissioner Wheeler did not hear any offer to do that several months ago. James Adams, 1850 Cutlass Drive,said he currently has about 400 or 500 subcontractors that would not be affected by this, but he has other projects that would be. A developer has to put down hundreds of thousands of dollars to start a project; that money would be tied up in a moratorium without knowing if afterwards they would be able to continue the project. Tim Zorc, 4415 Place SW, opposed the motion. He wanted to see an alternative that vested rights of people who have money and time. He also pointed out that invested banks that have loans on property. John Studley, 1060 E. Polo Grounds Drive, wanted assurance that after the moratorium he could build 6 units per acre if he has property zoned 6 units per acre. Ital Veron, 280 Pepper Tree, endorsed the moratorium completely saying it is long overdue. Mary Berrigan, 894 Island Club Square, was in favor of a moratorium and said they elected the Commissioners on a slow growth policy. An unidentified representative of the Builders Industry said the purpose of a moratorium and the motion is to stop growth. He felt we need a slow down to sort things out. NOVEMBER 16, 2004 32 Joseph Schulke, 1717 Indian River Blvd., was not in favor of a moratorium Tony Donadio, 1665 E. Rosewood Court, was not in favor of a moratorium but he felt we need to implement a visioning process the right way and that takes time. Jerry Strom, 515 Greytwig Road, was not in favor of a moratorium. He felt it put uncertainty into the process and since he has purchased property in this county he wanted to know if this would stop the process. County Attorney Collins agreed that to some extent the applicants would be proceeding at their own risk because of the time span involved before the moratorium ordinance becomes effective. Lauren Connelly, President of the Realtors Association, supported smart and slow growth but cannot support no growth Richard Bialosky , 940 Oyster Shell Lane, was not in favor of a moratorium and suggested they reconsider Commissioner Davis’ idea of excluding pipeline projects. Rene Renzi, 301 Waverly Place, spoke in favor of the moratorium saying that it won’t hurt people instead it might work in their favor. Discussion continued regarding the process of a pre-application. Scott Sanders, 1196 Indian River Drive, was opposed to a moratorium. He told the Board they are trying to control the type of people who move into this county, not control growth. He said they are taking landowners constitutional rights away and it is going to bring about a ton of lawsuits. Keith Pelan, Kimley-Horn & Associates, said the imposition they are putting on the developer is going to hurt his business and they will be hesitant to sign contracts with his firm. Thomas Barnes Jr ., 602 Tulip Lane, spoke in opposition to a moratorium. After discussion, Commissioner Lowther rescinded his second to the motion and noted that this is a big issue. NOVEMBER 16, 2004 33 The Chairman announced that the MOTION DIED FOR LACK OF A SECOND. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, by a 4-1 vote (Chairman Neuberger opposed), the Board approved having staff draft an ordinance to establish a moratorium until March 1, 2005 on any residential development, exempting applications that have already been filed as of 5:00 p.m. on Monday, November 15, 2004, and that rezoning would not take place during the period of the moratorium for the expressed interest of reevaluating the Comp Land Use Plan and modifying the LDRs with the visioning process. Chairman Neuberger explained he opposed the motion because he feels it is too divisive and thinks three months is not going to make any difference in the number of units built. Commissioner Wheeler believed this will bring everyone to the table. 4. LDRAEPB MENDMENT LIMINATE ERFORMANCE OND Commissioner Wheeler withdrew this item as it is already being implemented. 5. OPS RDINANCE ON OLITICAL IGNS NOVEMBER 16, 2004 34 BY CONSENSUS staff was directed to meet with the municipalities to discuss establishing a 30-day political sign display policy as well as a uniform bonding system and fines. Peter Robinson commented that they were creating another feel good law that would mean nothing. 6. EPLUTR STABLISH A RIORITY IST FOR SE OF AX EVENUE There was some discussion regarding Commissioner Wheeler’s request for the Commissioners to individually establish priorities on how they want to expend tax revenues and he decided that this item could be addressed during the budget hearing. NOVEMBER 16, 2004 35 7. LDRP80’BH ERTAINING TO UILDING EIGHT Commissioner Wheeler wanted to direct staff to change the LDR height limitation back to 35 feet, plus 15 feet for the roof, and grandfather the CVS facility west of I-95. (Recently amended special height allowance of 80 feet). Because the character of the County is predicated on density and the tight restrictions on building heights, he felt it is important to maintain the 35’ height limitation. He wants the Board to have public hearings and start from ground zero if there are other requests. Commissioner Davis was concerned about the grandfather clause. If there were to be a natural disaster they could rebuild to 80’, but if they have a fire they could not. He thought the best way to address this is to make the LDRS site specific. Chairman Neuberger responded that it is very specific and felt that the LDRS do not need to be amended. He added that CVS is building less than what is allowed. Commissioner Wheeler inquired if there is a way to leave an LDR in place that would specifically cover only that site. County Attorney Collins responded that normally ordinances do apply uniformly throughout the jurisdiction. What was suggested may be possible, but they must avoid being arbitrary. The attempt in the original drafting of the ordinance was to have size requirements and setbacks to preclude this from happening again. 14.A. EMERGENCY SERVICES DISTRICT - NONE 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 14.C. ENVIRONMENTAL CONTROL BOARD - NONE NOVEMBER 16, 2004 36 ALLBACKUPDOCUMENTATION,RESOLUTIONS,ANDORDINANCESAREONFILEINTHE OFFICEOFTHECLERKTOTHEBOARDANDAREHEREBYMADEAPARTOFTHESEMINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:44 p.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman Minutes Approved: _________________ BCC/PLJ/2004Minutes NOVEMBER 16, 2004 37